Attachment 1 R14-101

BACKGROUND REPORT

The Skywoods Subdivision, located within the Rock Hill District, was designed and developed in the early 1970s, as part of a subdivision plat to create seven new lots and a remainder parcel. The street network for this subdivision consists of a single street with a 50-foot right-of-way that terminates in a cul-de-sac with no additional planned connections or future extensions. Skywood Court was dedicated as a public right-of-way on the Skywoods Subdivision plat, which was recorded in the Stafford County Land Records/Plat Book 5, Page 268, on September 21, 1973 (Attachment 3). A Deed of Dedication, which dedicated the street to public use, was also recorded on September 21, 1973, as shown in Stafford County Land Records/Deed Book 244, Page 229. While all documentation from 1973 indicates that Skywood Court was intended to be constructed to Virginia Department of Transportation (VDOT) standards for acceptance by VDOT into the Secondary System of State Highways, the road is not currently state-maintained, as improvements were never completed to state standards. The current condition of Skywood Court is a primarily gravel road, ranging in width from approximately 22 feet near the paved entrance, to 12-15 feet wide west of Assessor’s Parcel 19B-1-2. It currently provides access to six homes and two undeveloped lots. While Skywood Court was initially designed as primary access for the newly-created lots, it also abuts Assessor’s Parcel 19-3H along the entire south side of the right-of-way. In March 2014, the Department of Public Works was contacted by the owners of Assessor’s Parcel 19-3H, regarding their desire to use Skywood Court for the purpose of constructing, maintaining, repairing, and using a driveway to access the southwest portion of their property. Due to the location of the home’s drainfield, this area of the property is currently inaccessible via their current driveway access on Garrisonville Road. Granting access to this public right-of-way will allow for development of a 36-foot x 48-foot barn, and tree removal to create horse pastures. As stated in an e-mail dated April 2, 2014, the owners of Assessor’s Parcel 19-3H indicated that the requested use of Skywood Court will be for infrequent personal use only, and anticipate only using the right-of-way a few times each month for the purpose of feed delivery, and farrier services. The owners have agreed to sign an access agreement. Staff is aware that the original developer for this project, along with some of the residents living along Skywood Court, are opposed to granting access to the adjacent property. They have expressed concern that this will cause additional deterioration to Skywood Court. In accordance with Virginia Code Section 15.2-1800(B), prior to granting such use, the Board is required to conduct a public hearing.

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Amy G. Taylor

From: Crystal Fry <crystal.fry33@yahoo.com>Sent: Wednesday, April 02, 2014 4:42 PMTo: Amy G. TaylorSubject: Skywood access

Amy‐  This email is to inform you of the intent for permanent, part time, access off of skywood ct.  Once the barn is permitted and completed we would like to have the ability for a permanent access point as sketched previously on skywood court. The purpose of this access would be so that we do not have to drive through our yard and septic to bring grain and hay to the horses at the barn. Using only a handful of times in a month, there will be no boarders and this will not be for public use. The drive would be for our personal use and for the farrier to be able to get his truck to the barn to shoe the horses every 6‐8 weeks. Typically a pickup truck comes once a month to bring hay and grain as well. This access would be minimal, to say the least, and would not incur the types of wear and tear of skywood ct, as that of a typical residence. We still intend to use our personal driveway for our primary ingress and egress to our residence.   We fully intend to gravel the access point and be responsible for any maintenance to our access entry that would be necessary. As would we be happy to assist in the maintenance of skywood ct and any damage our vehicles would or may cause during use.   Please feel free to reach out should you have any additional questions.  Best,  Crystal Vanuch   

Skywood Court

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Date: 4/7/2014Author: ®

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Attachment 4

Attachment 5

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RIGHT-OF-WAY ACCESS AGREEMENT

THIS AGREEMENT, made and entered into this day of ,

2014, by and between DAVID & CRYSTAL VANUCH, (the “Owners”), and the BOARD OF

SUPERVISORS OF STAFFORD COUNTY, VIRGINIA, a political subdivision of the

Commonwealth of Virginia (“the County”).

W I T N E S S E T H

WHEREAS, the Owners own a certain parcel of land located in Stafford County,

Virginia, containing 7.74 acres, more or less, on Garrisonville Road in the Rock Hill Magisterial

District, and being designated as Tax Map Parcel 19-3H in the Stafford County real estate tax

records; and

WHEREAS, the portion of the public right-of-way, known as Skywood Court, along the

northerly property line of Tax Map Parcel 19-3H is improved, but has not been accepted by the

Virginia Department of Transportation (VDOT) into the secondary system of state highways;

and

WHEREAS, the Owners requested the County’s authorization to use Skywood Court to

construct, repair, maintain, and use a driveway to access the rear portion of Tax Map Parcel 19-

3H;

and

WHEREAS, the County agreed to authorize such access in accordance with the terms and

conditions in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, conditions, and

agreements contained in this Agreement, the parties agree as follows:

1. The County authorizes the Owners to access Tax Map Parcel 19-3H across the public

right-of-way extending from the improved, non-state-maintained portion of Skywood Court to

the northerly property line of Tax Map Parcel 19-3H to construct, repair, maintain, and

use a driveway to provide access to and from the rear portion of Tax Map Parcel 19-3H. Access

under this Agreement is strictly limited to personal use of the Owners, which shall not include

commercial use, except for (i) the construction, repair, and maintenance of the driveway, and (ii)

commercial delivery of goods or services related to the Owners personal use.

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2. The Owners shall comply with all VDOT requirements in connection with

constructing, repairing, and maintaining the driveway.

3. The Owners shall place and maintain stone, at a minimum of twelve feet (12’) in

width and six inches (6”) in depth, for that portion of the driveway lying within the right-of-way.

The Owners, not the County, shall be responsible for the cost of replacing and maintaining the

stone.

4. The Owners shall maintain the driveway in good repair and condition at all times.

The Owners shall be solely responsible for all costs associated with construction, repair, and

maintenance of the driveway. The Owners shall be responsible for snow removal to the extent

necessary for their own use and shall not look to the County for assistance in this matter.

5. The Owners agree to coordinate with other property owners along Skywood Court

regarding the long-term maintenance of the right-of- way. The Owners themselves shall

contribute to the long-term maintenance of the right-of-way.

6. The Owners shall be responsible for any drainage or injury to public or private

property, including, but not limited to, drainage, caused by or related to, the construction,

maintenance, or use of the driveway. The Owners shall fully and promptly repair, mitigate,

and/or correct any such damage or injury. In the event that the Owners fail to fully and promptly

repair, mitigate, and/or correct the damage or injury within a reasonable period of time, not to

exceed 90 days, the County may proceed to do so, and place a lien upon the property for all

costs, labor, and expenses incurred by the County in doing so.

7. The Owners understand and agree that this authorization and access is not exclusive

to the Owners. Any other lot owner having property that adjoins the right-of-way has the right to

access their property by this public access route.

8. The Owners agree that the access granted by the County under this Agreement

provides a real and material benefit to them. The Owners agree that they are not entitled to this

access. The Owners agree the County voluntarily agreed to allow the Owners to have this access

at no cost. In exchange for this access/benefit, the Owners agree to indemnify, defend, and hold

harmless the Board of Supervisors, the County, and their officers, employees, and agents from

and against all liability, loss, claims, demands, damages, expenses, or actions and causes of

action whatsoever, either legal or equitable, whether known or unknown, including court costs

and attorney’s fees, and further including any environmental contamination, as to a result of any

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claim of liability, damage, loss, injury, or death to any person, animal, or property arising from

or related to this Agreement or the construction, maintenance, repair, and/or use of the right-of-

way and their driveway.

9. This Agreement shall be binding on the Owners and their agents, successors, and

assigns. If the Owners sell, lease/rent, or otherwise transfer their interest in Tax Map Parcel 19-

3H, the Owners shall provide the buyer, lessee/renter, or other party receiving the Owners’

interest with a copy of this Agreement. The Owners shall promptly provide the County with

written evidence that they provided such notice. The County, in its sole discretion, will

determine whether this written evidence is sufficient or if additional evidence is required.

10. In the event that VDOT accepts Skywood Court into the Secondary System of

State Highways, the Owners agree that they shall receive no compensation from the County,

VDOT, or the Commonwealth of Virginia for the driveway, including, but not limited to, if they

lose some or all use of the driveway. The Owners shall fully cooperate and coordinate their use

of the driveway during all phases of construction of the right-of-way intended or related to

improving it for acceptance by VDOT into the Secondary System of State Highways.

11. The Owners agree they were given a reasonable opportunity to review this

Agreement, ask questions and for additional information, and consult with legal counsel of their

choosing (and at their sole expense), if any, prior to executing it.

12. Nothing in this Agreement is to be construed as creating a cause of action as to any

third-party or any person that is not a party to this Agreement.

13. This Agreement includes the entire agreement between the parties on this matter and

supersedes any prior agreements, whether oral or in writing.

14. This Agreement shall be governed by the Constitution and laws of the

Commonwealth of Virginia. Any legal action arising out of or related to this Agreement shall be

filed in the courts of Stafford County, Virginia.

OWNERS

DAVID VANUCH

CRYSTAL VANUCH

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BOARD OF SUPERVISORS OF STAFFORD COUNTY, VIRGINIA

By:

ANTHONY J. ROMANELLO, ICMA-CM COUNTY ADMINISTRATOR

APPROVED AS TO FORM:

STAFFORD COUNTY ATTORNEY’S OFFICE

PRINTED NAME:

TITLE:

R14-101

PROPOSED

BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA

RESOLUTION

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 6th day of May, 2014: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Jack R. Cavalier, Chairman Gary F. Snellings, Vice Chairman Meg Bohmke Paul V. Milde III Laura A. Sellers Cord A. Sterling Robert “Bob” Thomas, Jr. ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of , the following was adopted:

A RESOLUTION TO GRANT USE OF A PUBLIC RIGHT-OF-WAY ON SKYWOOD COURT FOR CONSTRUCTION AND USE OF A DRIVEWAY

WHEREAS, on September 21, 1973, the right-of-way for Skywood Court was dedicated to public use; and WHEREAS, Skywood Court was not constructed to the Virginia Department of Transportation (VDOT) Secondary Street Acceptance Requirements, and has not been accepted in to the Secondary System of State Highways; and WHEREAS, the owners of Tax Map Parcel 19-3H desire to access Skywood Court to construct, maintain, repair, and use a driveway to access the rear portion of their property; and

WHEREAS, the Board finds that it is appropriate to provide access to this public right-of-way; and

WHEREAS, the owners of Tax Map Parcel 19-3H have agreed to execute an appropriate agreement with the County regarding the granted access to this public right-of way; and

R14-101 Page 2 WHEREAS, the Board considered the recommendations of staff and the public

testimony, if any, at the public hearing; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of

Supervisors on this the 6th day of May, 2014, that the County Administrator be and he hereby is authorized to execute an agreement with the owners of Tax Map Parcel 19-3H granting the use of a public right-of-way on Skywood Court for construction, maintenance, repair, and use of a driveway.

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